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conscience_n ordinance_n power_n resist_v 1,861 5 9.7674 5 true
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A00584 Nicodemus for Christ, or The religious moote of an honest lawyer: deliuered in a sermon, preached at the assises at Okeham, in the county of Rutland, March. 10. 1627. By Antony Favvkner, Master of Arts, and late student in Iesus Colledge in Oxford Fawkner, Antony, b. 1601 or 2. 1630 (1630) STC 10722; ESTC S101884 15,761 32

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proper faculty of the discoursing minde This Law of Nature then is the image of the Eternall and from it may arise the principles of morall vertues Saint Ambrose in other words saith as much if not more diuiding this Law of Nature into three parts The first teacheth to giue and so to giue honour to our Creator as not to impart or share it to any of his creatures The second part is morall instructing vs to liue by the rule of modesty and vertue The third Preceptiue commanding vs to furnish others with the knowledge of our Creator God and season them with the precepts of vertue and morality And so the Gentiles which had not the Law did by Nature the things contained in the Law and hauing not the Law were a Law vnto themselues Rom. 2. 14. Now because by reason of the imperfect estate of our depraued nature our passions will swell to perturbations and can receiue such strength from the Law of sinne that they are able impetuously to rebell against the Law of Nature it is necessary that from the common precepts of Nature as particular and vnknowne conclusions are drawne from common and apparent principles mans vnderstanding should deduce and enact other seuerall Canons for the more particular disposition of the community in order which should deterre those from vice by feare of punishment whom the instructions of Nature cannot perswade to be good by loue to vertue And such like particular constitutions drawne from the Law of Nature which is deriued from the Eternall receiue a third denomination distinct from both the former and are intituled Lex Humana or Positiua the Humane or Positiue Law Such as were amongst the Heathen Draco's Decrees which as Budaeus notes were more especially termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theses Positions setled or determined ordinances which though in regard of the Law-giuers and the acts of men to which onely they are a rule they may be termed Humane yet after iust and due enacting by the authoritie of the publike assent or publike person and the open receipt of thē after promulgation in the time and place of concourse as amongst the Athenians and Die trinundino in Foro in the open Market place amongst the Romanes then Religion tels vs that Lex the Law takes its name from its owne Etymon à ligando from binding So that whatsoeuer is subiect to the superior power is consequently subiect to the Law of that power Which insomuch as it partakes though but mediately and remotely of the eternal Law binds the inferior subiects to its obseruance yea in foro conscientiae by the tye of Religion and Conscience There is no power but of God Rom. 13. 1. Wherefore yee must bee subiect not because of wrath onely but also for conscience sake Vers 5. By me faith the Lord Kings reigne and Princes decree iustice By me Princes rule and the Nobles and all the Iudges of the earth Prou. 8. 15 16. Whosoeuer then resists the power resists the ordinance of God Rom. 13. 2. It followes then that none no not the righteous are exempted from obedience to this Humane Law as it is a directiue Rule or guiding power though in respect of its coactiue authoritie they are priuiledged as preuenting compulsion by voluntary obedience And in this sense indeed the Law is not giuen to righteous men but to vngodly 1. Tim. 1. 9. And Saint Paul may bee an exegeticall Commentator on this place in another For Princes are not to bee feared for good workes but for euill Rom. 13. 3. Nor are we onely bound to submit our selues to the iudgement of this Law but Magistrates are as much required to frame and proportion their determinations according to this Law The square then of our actions must bee the rule of their iudgements and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be as definitiue of their censures as our deeds Xenophon tels that Cyrus learnt of his Tutor that there was no difference betwixt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lawfull and iust and as little betwixt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lawlesse and violent so that hee seemed to confine Iustice to Law and would alwaies proceed according to Law lest at any time he should seeme vniust Such force then is in the Law that it binds all processe in Iustice to be according to the Law So that he which in the administration of iustice strayes from the order of the Law is as much an offendour as he whom he condemnes as a transgressor of the Law And therfore the Athenians thought it a small conuenience to their Commonwealth to prouide 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Law-giuers vnlesse they had also appointed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a sort of superiour Gouernours to receiue an account from the Iudges of their common and ordinarie proceeding according to the Law Plato would haue the Law as a picture by whose proportion as by a patterne and exemplar Magistrates should forme their censures Iudex the Iudge is but In● dicens not the maker but the speaker of the Law Administrator Iudicij as an interpreter of Philo The iudgement is Gods hee is but the pronouncer and amongst the Romanes Suetonius ranking the most choise and honourable titles which the Emperour Augustus bestowed vpon his beloued Tiberius registers Ducem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That hee was a Gouernour precisely obseruing the prescript of the Law And no lesse honour might Foelix seeme to haue deserued who would not for fauour deliuer Saint Paul to death against the custome of the Romanes Act. 25. 16. And Ahashuerosh might haue been an example to them both not giuing sentence according to his owne angry humour but the Nations decrees What shall wee doe with the Queene Vashti according to the Law Ester 1. 15. Sure I am that such a one was Nicodemus who askes not in my Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth the Iudge but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth our Law iudge As if the Iudge could not decree but the Law or if the Iudge yet as onely directed by the Law Or if the Heathenish Romanes vnder whose dominion they then were subiect had had such a barbarous Law as to iudge a man before accused or heard yet sith the Iewes were vnder the Couenant and immediately directed by the Law of God hee inquires further 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth our Law so which is the next considerable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Our The Law of the Lord is an vndefiled Law Psal 19. 8. Moses might heare it from God as accepted for holy Israel might heare it onely from Moses as but onely called to bee made holy Israel must not touch Mount Sinay no not touch it lest they die though it bee to heare the Law by the performance of which they should liue Gods Maiesty would promulge it in thunder and darknesse that all might heare and tremble his Mercy would ingraue it in Tables